Legal and administrative considerations
Confidentiality and access to records
Confidentiality continues after a patient’s death. State-based Australian Health Records Acts cover the confidentiality of a deceased person’s health information for up to 30 years after death. During this time:
- rights to access the health record are held by the deceased person’s legal representative (their executor or administrator of the estate)
- health services must continue to protect the patient’s privacy and only disclose information in accordance with legislation
- before sharing any details, GPs must verify who is legally entitled to obtain that information.
Always identify and adhere to legal obligations that determine what you can and cannot discuss with families and other parties.
If you are asked to share or disclose information about a deceased person
- Identify the requester (eg family member, next of kin, executor, police, coroner, or person from another agency).
- Confirm the requester’s legal authority: only the legal representative has rights of access unless disclosure is otherwise required by law.
- Identify what information you can share with this person or agency: consider the purpose of the request, the sensitivity of the information, and whether it is a legally permitted disclosure.
- Document your decisions clearly, including your rationale and any advice you sought.
You may also refer to:
- medico-legal guidance from your Medical Defence Organisation (MDO)
- the OAIC Guide to Health Privacy (2025) for relevant federal privacy principles (keep in mind that its primary focus is on the privacy of living people).
Coronial processes
Sudden, unexpected, or violent deaths, including suspected suicide, must be reported to the coroner. You may be required to:
- provide clinical records or statements
- clarify the patient’s history, treatment, or risk factors
- assist with information that supports the coronial investigation.
It is important to tell families that coronial investigations are standard practice when a suicide occurs and that the investigation may take some time. You can offer support by explaining the general process while meeting confidentiality obligations.
Working with families and community
Family members seeking clarity, reassurance, or access to information after a suicide might experience distress because of coronial timelines, police involvement, or administrative formalities. As a result, they might:
- ask you for detailed explanations of the deceased person’s care
- pressure you to disclose information that you are not legally permitted to disclose.
To support families, you can:
- acknowledge their need for information and provide general explanations of processes
- clearly explain your legal and confidentiality obligations
- offer emotional support without breaching privacy
- direct them to coronial support services, bereavement programs, or community resources.
At times, you may be constrained by legal responsibilities that mean you are unable to answer all of the family’s questions. Providing clear, compassionate explanations of these limits can help families understand the boundaries while still feeling supported.
Other legal and administrative considerations
- Families of patients who have died by suicide can raise concerns about a GP’s care to Ahpra. As a GP, you can also contact Ahpra to discuss what happens in this situation.
- Police who are investigating the circumstances of a suicide and acting on behalf of the coroner can call you or arrive at your practice or home at any time (including to inform you of the death).
- Lawyers can contact you regarding a deceased patient’s estate.
- You may receive requests from third parties, such as insurance companies, WorkSafe, and TAC.
- You may receive a notice to complete medical certificates or other documentation for the coroner.
If you find yourself in any of these situations, contact your Medical Defence Organisation for more information.